Broker Isn't Covered For $60M TCPA Ruling, 11th Circ. Says

Law360 (June 2, 2021, 7:44 PM EDT) -- The Eleventh Circuit has ruled that Liberty Mutual isn't required to pay a $60.4 million Telephone Consumer Protection Act judgment stemming from a marketing campaign that pelted customer cellphones with repeated texts, leaving a Florida insurance brokerage on the hook.

In a published opinion issued Tuesday, the Eleventh Circuit upheld a ruling that an insurance policy issued by Liberty Mutual didn't cover the invasion of privacy claims brought in the class action against broker iCan Benefit Group.

The court said iCan's insurance policy excluded coverage of certain actions that would prompt a lawsuit, including claims of invasion of privacy.

"These allegations show...

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